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HomeMy WebLinkAbout4.0 Compliance with Article - StandardsSection 4 Compliance with Article 7 - Standards, Division 1-4 Compliance, Comment and Justification Statement Pictures of Site from CR 100 and RFTA Rio Grande Trail IRMW Minor Subdivision - sec 4 1 SECTION 4 COMPLIANCE WITH ARTICLE 7, DIVISIONS 1 - 4 The following section of this application addresses compliance with the criteria and standards of Article 7, Divisions 1-4 of the Garfield County Land Use and Development Code. Responses to each criterion are in "italics". Where standards don't apply, NA or reason for non -applicability will be stated. DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions. Response: The site is located in the County's Rural "1" Industrial Zone District. The development is in compliance with the Zone District, lot and building requirements, Intent Statement, use and general restrictions and measurements contained in Article 3 (Zoning) of the LUDC with one exception. This criterion is Section 3-202 D.2 (Lot size 1 acre of greater) which requires a minimum building envelope of 1 acre that does not contain slopes 30% or greater. This Section is one of the items included the 2016 land -use code update and was the subject of a second public hearing on September 15. See Section 2 of this application for more information. Parcel 1A has been developed over time. Parcel 18 has some miscellaneous storage at present. If the building site will be developed, it will be develop in accordance with all County standards. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: The Garfield County Comprehensive Plan 2030 designates the site as "Industrial". Our review of the Comprehensive Plan indicates that this Minor Subdivision is in compliance. We have not undertaken a point by analysis with the Comprehensive Plan because of the limited scope of development of the project. We will undertake such an analysis upon staff request. Section 7-103 Compatibility IRMW Minor Subdivision - sec 4 2 Response: The nature, scale and intensity of the IRMW Minor Subdivision are compatible with adjacent land uses and do not have an adverse impact to adjacent lands. Little or no actual land development may occur because of the Minor Subdivision. The lot split is being undertaken with the knowledge and cooperation of the adjoining property to the West, Tim and Laura Nieslanik (Parcel #2393-353-00-062). They are a party to a water exchange agreement as part of the land -use application and there is a Boundary Line Adjustment between IRMW Parcel 1 and the Nieslaniks being finalized. This is a separate land use application. Section 7-104 Sufficient Legal and Physical Source of Water Response: A Water Exchange Agreement has been entered into by IRMW LLC and members of the Nieslanik Family for 15 gallons per minute (0.33 cfs) of the Mineral Spring and Ditch Water Right. A copy of the Water Exchange Agreement is included in this land use application (Section 5). This water will be utilized for any uses on Parcel 1B. Land uses on Parcel 1A are served by an existing well and domestic water system. IRMW LLC is also in the process of obtaining an allotment from the Basalt Water Conservancy District. Section 7-105 Central Water Distribution and Wastewater Systems Response: NA. Water— the site is for a minor subdivision and is not proposed for significant development. It is not located within 400 ft. of a Central Water System or Supplier. A Water Exchange Agreement has been made with the adjoining lot and is attached in Section 5 of this application. Wastewater— This is low density development and is not located within 400 ft. of a Sewage Treatment Facility. If any use is proposed that may need wastewater, an application will be made for an OWTS through the County approval process. Section 7-106 Public Utilities Response: Adequate public utilities are available. Utilities already serve what will be Parcel 1A. Parcel 1B has access to electricity and a "will serve letter" is attached. Water and wastewater's services have been discussed above. An OWTS will be provided if necessary. There are no plans to IRMW Minor Subdivision - sec 4 3 have natural gas extended to the site. Propane service will be considered if needed. Section 7-107 Access and Roadways Response: No new roads or rights-of-way are proposed. Access currently exists for Parcel 1A via County Road 100 and then proceeds through RFTA Private Way License Contract — Reception No. 639703. Existing access also presently exists for what is the proposed Parcel 18. Access will be from County Road 100, and then proceeds through RFTA Private Way License Contract — Reception No. 639704. Other related access documents for Parcel 18 are: • 60 foot wide Ute Electric Line Roadway Access Easement — Rec # 304903 • easement for joint roadway purposes in deed recorded as Rec # 237727 No improvements or modifications to County roads are needed or proposed. No interior public roads are proposed for the Property. Section 7-108 Use of Land Subject to Natural Hazards Response: No significant hazards exist where development may occur. Parcel 18 is subject to steep slopes but any use would occur in the flat area at the northwestern corner of the property. A slope analysis done by Sopris Engineering is included in the Technical Documents section of this application and shows a 0.424 acre area where development can occur. County Mapping also shows some septic system constraints, but existing ISDS systems exist on other portions of the subject property as well as the adjacent residential property to the West. A site-specific Geotech/perc test will be performed if and when the owner applies for an OWTS. Section 7-109 Fire Protection Response: Wildfire Hazards are low for the subject property according to the County Risk Assessment Maps. A preliminary discussion with the Carbondale & Rural Fire Protection District Fire Marshall was held on site. The staff IRMW Minor Subdivision - sec 4 4 planner will have additional conversations with the District during the County review process for the application. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Section 7-201 Protection of Agricultural Lands Response: No adverse affect on Ag Lands: The subject parcel is not directly adjacent to any Agricultural lands or operations. It is separated from agricultural land by the RFTA Rio Grande Right-of-way and County Road 100 right-of-way. Ditches. Existing ditches will not be modified. Section 7-202 Protection of Wildlife Habitat Areas Response: A Wildlife Impact Study was under taken for the IRMW property as it existed in 2012 for the MRI Application. This study was performed by: ERO Resources Corp. PO Box 932 Hotchiss, CO 81419 No critical elk corridors were identified and this is not Bighorn Sheep or Moose habitat. There was a lack of suitable habitat for black bears and forage for Mule Deer was of little value. Mountain lions may pass through the property, but a history of human disturbance results that it is unlikely that they may find suitable foraging habitat. Section 7-203 Protection of Water bodies Response: There are no water bodies on the property subject to the Minor Subdivision. There are some ditches located off-site and to the north of the northern property boundary. These will not be touched. Section 7-204 Drainage and Erosion Response: Activities and some structures exist on what will become Parcel 1 A. Any increase in activity would be IRMW Minor Subdivision - sec 4 5 subject to County Regulations. A very small area at the northwest corner of the property of Parcel 18 may be subject to some type of future use. It is assumed any activity would be less than 1 acre an area and not subject to CDPHE permits. If any structures are erected, positive drainage away from such structures will be designed. It is not foreseen at this time that storm water runoff would increase. If necessary, standards as per Section 7 — 204 C would be followed where applicable (development of more than 10,000 ft.2 of impervious surface area). Section 7-205 Environmental Quality Response: No impacts are foreseen related to air quality - as any development will be minimal. Any hazardous materials will be stored per Federal, state or county regulations as applicable. Section 7-206 Wildfire Hazards Response: The subject property is listed as wildfire hazard area 4 or 5, which is relatively low according to the County Risk Assessment Maps. One positive note is that the property is on the north aspect of the hillside south of the 100 Rd and Rio Grande Trail area, which helps to mitigate some wildfire issues. Carbondale & Rural Fire Protection District have visited the site with the Owner's Representative. We will communicate with the Fire District if any comments or concerns are expressed. Section 7-207 Natural and Geologic Hazards Response: A considerable portion of what will become Parcel 18 has slopes greater than 30%. These will not be developed. Any use of the property or development will incur in the flat area 0.424 acres in size in the northwest corner. A slope analysis is included in the technical documents. Any potential use that may occur near the steep slopes will be engineered if necessary and grading and/or other applicable permits will be obtained from the County. Retaining walls will be utilized as required by a Professional Engineer. IRMW Minor Subdivision - sec 4 6 There are no identified avalanche hazard areas, alluvial fans, known faults or landslide hazard areas. The property is not subject to high water table and is not in the 100 year floodplain. Section 7 — 207 F (Slope Development) will be followed if applicable. Section 7-208 Reclamation Response: The development will comply with the standards outlined in Section 7-208 of the Land Use Code. No significant infrastructure is being proposed for the subdivision as a whole. Reclamation standards in Section 7- 208 B will be followed if an ISDS will be utilized and/or driveway construction occurs or an area graded. These include: • Contouring and Revegetation. • Weed management. • Application of Top Soil Where Necessary. • Retaining Walls (if applicable). • Removal of significant Debris (if applicable). Disturbed areas will also be treated so that noxious weeds are controlled. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS The standards in this section apply to any land use change including division of land. Little if any development will be undertaken on Parcel 1B — which is the focus of this application. However, we will address these sections for completeness purposes and in order to show the relationship of the existing land use with applicable standards as much as possible Section 7-301 Compatible Design Response: The Minor Subdivision application complies with these sections. A. Site Organization. NA. No proposed additional development on Parcel 1A. Parcel 18 would have minimal development on it in the northwest corner. Options are limited due to terrain. 8. Operational Characteristics. No objectionable emissions expected. No processing or other related Light Industrial uses are anticipated. Eventually, there may be a small IRMW Minor Subdivision - sec 4 7 amount of storage and perhaps a small office. There is no impact to the County road system. C. Buffering. No required buffering is anticipated. Adjacent property owner to the west will be participating in a Boundary Line Adjustment and is well aware of potential uses on site. D. Materials. NA Section 7-302 Off- Street Parking and Loading Standards Response: Section 7-302 A- 0, may not be applicable. Minimal use of property is anticipated. If any use in the future does require off-street parking, owner will comply with applicable County standards. Owner would examine issues related to 7-302 0 (Parking and Loading Area Landscaping and Illumination) and comply if any use or development would require mitigation. Clear vision areas will be maintained as necessary in the vicinity of the Access Driveway. Section 7-303 Landscaping Standards Response: Note: Industrial uses and uses located on a parcel in the Industrial Zone District are exempt from this section. There is a request that the front setback be located along the West property boundary as opposed to the north property boundary (which adjoins the RFTA Rio Grande Trail and County Road 100). If plantings are required by County regulations, new plantings will meet the minimum size requirements of Section 7-303 F as applicable Section 7-304 Lighting Standards Response. No outdoor lighting is proposed. If lighting will ever be utilized, the outdoor lighting will comply with the standards of this section of the Garfield County LUDC, andl be downcast and shielded as necessary. Section 7-305 Snow Storage Standards IRMW Minor Subdivision - sec 4 8 Response: Snow storage at this time is not required. If any development is proposed, a snow storage area will be shown on the Site Plan or any Building Permit. Snow storage will not occur on any public roadway or on the access easement to the property. Section 7-306 Trail and Walkway Standards Response: NA. This is an Industrial site. No trials, walks or paths are being proposed for the Minor Subdivision. The Rio Grande Trail is adjacent to the subject property along the northern property boundary and will not be affected. RFTA property will not be touched. DIVISION 4 SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7-401 General Subdivision Standards Response: NA. These standards relate to Maintenance of Common facilities, domestic animal control, fireplaces and floodplain. There will be no common facilities to maintain. The other items relate to residential subdivisions. This is not a residential subdivision. Section 7-402 Subdivision Lots Response: The two lots that will result from the Minor Subdivision generally conform to County code requirements. Section 7-403 Survey Monuments Response: The subdivision will comply with any required state or County regulations related to monuments, markers and benchmarks. Section 7-404 School Land Dedication Response: NA. This is not a residential subdivision and as a result, children will not be living on the site. Section 7-405 Traffic Impact Fees IRMW Minor Subdivision - sec 4 9 Response: it is our understanding that traffic impact fees are not required for County Road 100. IRMW Minor Subdivision - sec 4 10 PICTURES - VIEWS OF IRMW PARCEL 1B BOUNDARY FROM RFTA RIO GRANDE TRAIL BOUNDARY AND CR 100 RIGHT-OF-WAY .-"o-e. .15, y.. ,.:,,�,,_..?, 7,.; ..".Yei➢:iGi �7/7'.'da;I.2\9-. i.. +, r-. . JTn ��i. !:'...'.r ;?y'..e "�hiis� ,�'�' IRMW 1B - from CR 100/RFTA Boundary IRMW Minor Subdivision - sec 4 11 IRMW 18 - RFTA Path + access IRMW Minor Subdivision - sec 4 12 IRMW 1B — Some vegetation between RFTA & North Property Boundary IRMW Minor Subdivision - sec 4 13 IRMW 1B — Looking SW from RFTA Boundary — RIO Grande Trail in view IRMW Minor Subdivision - sec 4 14 IRMW —1B — Looking west on Rio Grande Trail along IRMW 1B boundary IRMW Minor Subdivision - sec 4 15 IRMW 1B — Looking south from CR 100 Boundary — across RFTA property IRMW Minor Subdivision - sec 4 16